Posey v. Burrow
2012 Miss. App. LEXIS 459
| Miss. Ct. App. | 2012Background
- Posey filed a December 2007 complaint against Dr. Burrow and HMA Rankin Medical Center (employer) for medical negligence.
- Posey amended the complaint in April 2008 alleging failure to diagnose cavernous malformation caused seizure and injuries.
- Dr. Burrow moved for summary judgment on November 30, 2010; hearing held February 7, 2011.
- Circuit Court granted summary judgment February 14, 2011, finding no sworn competent expert causation proof.
- Posey appealed; evidence included two non-sworn letters from Dr. Lancon; Burrow submitted a sworn affidavit.
- Medical records showed MRI in 2004 appeared normal; 2005 seizure revealed cavernous malformation; later imaging showed multiple lesions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prima facie medical negligence evidence and causation | Posey argues Lancon letters establish standard of care and breach. | Burrow contends no sworn expert evidence to prove standard of care and causation. | No genuine issue; summary judgment affirmed. |
Key Cases Cited
- Barner v. Gorman, 605 So.2d 805 (Miss. 1992) (expert testimony required to prove standard and causation)
- Langley ex rel Langley v. Miles, 956 So.2d 970 (Miss. Ct. App. 2006) (prima facie medical negligence requires sworn expert testimony)
- Phillips v. Hull, 516 So.2d 488 (Miss. 1987) (expert testimony needed for standard of care and causation)
- PPG Architectural Finishes, Inc. v. Lowery, 909 So.2d 47 (Miss. 2003) (summary judgment standard requires no genuine issue of material fact)